Feinstein offers new assault weapons ban

Dan Freedma, Houston Chronicle

By Dan Freedman

Published 8:31 pm, Thursday, January 24, 2013

A staff member prepares for a news conference Thursday on Capitol Hill, where House and Senate Democrats were joined by law enforcement officials to introduce the "Assault Weapons Ban of 2013" legislation.

WASHINGTON - Sen. Dianne Feinstein and a host of other Democratic lawmakers rolled out a new assault weapons ban Thursday, acknowledging they face an "uphill road" to get it approved.

The measure would ban 157 specific military-style rifles, including the Bushmaster XM-15 that Adam Lanza used in the shooting at Sandy Hook Elementary School in Newtown, Conn., in which 20 children and six adults died.

It also would outlaw ammunition magazines with a capacity above 10 rounds.

'I'm not going away'

"You are stronger than the gun lobby, you are stronger than the gun manufacturers," Feinstein, D-Calif., told an assembly of gun-control activists, as well as seven survivors and a victim of past mass shootings. "Only if you stand up, and America rises up and people call every member of the House and every member of the Senate and say 'We have had enough' … we can win this."

Those favoring the legislation said they have the wind at their backs, but acknowledged the difficulty of winning support from Republicans who control the House and even Senate Democrats from pro-gun states, such as Majority Leader Harry Reid of Nevada and Sen. Joe Manchin of West Virginia.

Reid may be particularly loath to push the ban "because he has six Democrats up for election in two years in states where the president received fewer than 42 percent of the votes," Sen. John Barrasso, R-Wyo., said on CNN last Sunday.

Later, Feinstein said red state' representatives may be emboldened to support the ban if they hear from enough constituents. In any case, she insisted she'll stick with the fight no matter what. "I'm not going away."

She introduced the original assault weapons ban, which became law in 1994 but expired in 2004.

Not surprisingly, gun-rights groups saw nothing in the proposal to cheer about.

"Senator Feinstein has been trying to ban guns from law-abiding citizens for decades," the National Rifle Association said in a statement. "The American people know gun bans do not work and we are confident Congress will reject Senator Feinstein's wrong-headed approach."

No Lone Star love

Lawmakers Texas were quick to condemn the proposed ban.

Sen. Ted Cruz, R-Texas, pledged to lead the fight to defeat the bill in the Senate. "This proposal would have done nothing to prevent the terrible murders in Newtown, but it would limit the constitutional liberties of law-abiding citizens," Cruz said.

"As a congressman from Texas, I have a message for Obama, authors of this legislation and the anti-gun crowd: 'Don't mess with Texas, the 49 other states, or my constitutional rights!" said Rep. Randy Weber, R-Alvin.

The new ban differs from the old one in several respects.

For openers, there is no sunset provision so the bill - if it becomes law - will not expire.

Also, it specifically protects 2,258 hunting and sporting rifles and shotguns, a part of the bill aimed at undercutting gun-owner fears that Congress is intent on seizing legal guns in the aftermath of Newtown.

The proposal also bans any weapon with a detachable magazine and a single military-style feature, such as a pistol grip, a flash suppressor, a bayonet lug, or a grenade launcher.

The original ban barred a detachable magazine plus two military-style features, which gave manufacturers too much leeway in refashioning guns to comply with the law, Feinstein said.

Focused on enthusiasts

So, were the new proposal to become law, a legal weapon could have a detachable magazine but not a pistol grip, for instance. Under the previous law, such a weapon would have been OK.

Gun-control advocates said the one-feature test represents a major improvement over the two-feature test of the expired ban. Such a test ultimately would render these weapons less attractive to gun enthusiasts, they said.

On Thursday, the memory of the Newtown victims permeated the ban's rollout at a Senate office building.

"What happened in Newtown on Dec. 14th, 2012, was an unimaginable tragedy," declared Rep. Elizabeth Esty, D-Conn., who represents the district that includes Newtown. "What happens now is up to each of us."

"We need to keep faith with them," said Sen. Richard Blumenthal, D-Conn., referring to the Newtown victims. "This measure would have helped prevent the Newtown tragedy."